Claim of Boardway v. Kellas

Appellate Division of the Supreme Court of New York

Claim of Boardway v. Kellas

230 A.D. 795

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 15, 1930

StatusPublished

This text of 230 A.D. 795 (Claim of Boardway v. Kellas) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claim of Boardway v. Kellas, 230 A.D. 795 (N.Y. Ct. App. 1930).

Pincite

Opinion

The order to show cause, improperly granted by the county judge, is vacated, and motion denied, without costs, on the ground that there is no substantial evidence of threat of criminal prosecution, and that if there were, there is no jurisdiction in this court to stay such prosecution as an incident of this appeal. As there has been no unwarranted delay by the State Industrial Board in making findings no reason appears why if the parties co-operate the appeal may not be heard at the November compensation term. Present — Hinman, Acting P. J., Davis, Whitmyer, Hill and Hasbrouek, JJ.

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The order to show cause, improperly granted by the county judge, is vacated, and motion denied, without costs, on the ground that there is no substantial evidence of threat of criminal prosecution, and that if there were, there is no jurisdiction in this court to stay such prosecution as an incident of this appeal. As there has been no unwarranted delay by the State Industrial Board in making findings no reason appears why if the parties co-operate the appeal may not be heard at the November compensation term. Present — Hinman, Acting P. J., Davis, Whitmyer, Hill and Hasbrouek, JJ.

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Bluebook (online)

230 A.D. 795, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-boardway-v-kellas-nyappdiv-1930.